Misrepresentation

Sometimes in the job interview process an employer will make untrue statements about the nature or permanency of the position being applied for or the company’s financial position or future plans, which are relied upon by the employee in deciding to accept employment. If the statements were made negligently or carelessly the employee may have a claim against the employer for damages for negligent or even fraudulent misrepresentation.

This claim is an alternative to a claim for damages for breach of contract and can be useful in situations where the employee has an employment contract that limits notice on termination of employment. I have successfully used a claim for damages for negligent misrepresentation to avoid the limitations of an employment contract and obtain damages far in excess of the contract termination provisions.